Staff Handbook Handbook for Benefit Programs, Policies and Procedures
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Staff Handbook Handbook for Benefit Programs, Policies and Procedures
Staff Handbook Handbook for Benefit Programs, Policies and Procedures INTRODUCTION The information described in this handbook is intended to provide the guidelines and general information necessary to enable Delta State University staff and supervisors to work together successfully and effectively in order to accomplish assigned job responsibilities and perhaps even more importantly, to support Delta State University’s overarching missions. Information contained in this handbook for non-exempt and exempt staff is for informational purposes only and shall not be construed as a contract. In summary, while this handbook strives to be a wide-ranging information resource, it should not be understood as a full-replacement of DSU’s official policies or of its more comprehensive procedures and guidelines. It is not intended to replace or substitute the Policy and Procedure Manual. Policies and procedures are subject to changes which may not be reflected in the Handbook. If you find that you have questions that are not answered here, please contact your immediate supervisor or refer to the Human Resources website at http://www.deltastate.edu/pages/232.asp for additional information. Finally, the provisions of this version of the “Delta State University Staff Handbook” supersede those put forth in all previous editions of the handbook. The language used in this document does not create an employment contract between the employee and Delta State University. The document does not create any contractual rights or entitlements. Delta State University reserves the right to revise the content of this document, in whole or in part. No promises or assurances, whether written or oral, which are contrary to or inconsistent with the terms of this paragraph create any contract of employment. This handbook may be amended or added to in different ways in accordance to established administrative procedures. Polices or procedures referenced in this handbook may have changed since the printing of the handbook. Please refer to the Policy and Procedures Manual at www.deltastate.policies for the current version of all policies and procedures. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 2 WELCOME Welcome to Delta State University! In joining the Delta State community, you become an important part of a premiere regional university dedicated to excellence in education, service, and scholarly contributions. By working together at Delta State, we gain the opportunity and the responsibility to make a real difference in the world. Our continued success depends on your contributions and your service to our students, to each other, and to the community around us. This handbook is designed to provide an overview of the Human Resources policies and procedures at DSU and the many resources and opportunities that are available to you. These pages should assist in understanding what Delta State University expects from you as a staff member and what you should expect from DSU. For questions not answered here and to find the most complete and current policy statements, please refer to the Delta State University Policy and Procedure Manual located online (www.deltastate.edu/policies) and speak with your supervisor. Delta State University’s reputation for excellence in education, service, and scholarly contribution was forged by the many people who came before us, the people who invested their careers here in service to others. By joining Delta State, you have become a part of a legacy of great achievement and even greater potential. Let’s work together to realize the promise of this great institution. Dr. Myrtis Tabb Associate Vice President for Finance and Administration Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 3 Table of Contents INTRODUCTION WELCOME GETTING STARTED …………………………………………………………………………. Developing Staff and Supervisor Relationships New Staff Orientation Process and Evaluation Period Workplace Attire The OkraKard - Delta State University’s Multi-functional Identification Card Direct Deposit 5 BENEFIT OPPORTUNITIES ………………………………………………………………… Enrolling and Making Changes in Benefits Newly Eligible: 30 Days Qualifying Life Events: 30 days 6 CORE BENEFITS ……………………………………………………………………………... Health Insurance Dental Insurance Vision Insurance Life Insurance Retirement Reimbursement Accounts Tuition Remission for Employees Tuition Remission for Dependent Children of Employees Tuition Remission for Spouses of Employees Compensation for Educational Development of Staff Employees Holidays 7 TIME AWAY FROM DSU ……………………………………………………………………. Personal Leave Medical Leave Leave for Death in Immediate Family Family and Medical Leave Leave of Absence Without Pay Administrative Leave Sabbatical Leave Military Leave Terminal Leave Transferring Credit for Leave Days 9 EMPLOYMENT @DSU ………………………………………………………………………. Equal Employment Opportunity Employment Eligibility (I9) Minimum Age for Employment Days and Hours of Work Sexual / Workplace Harassment Reduction in Force (Non-Faculty) Employment Status Employment of Relatives Employment of Retirees 13 Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 4 Table of Contents (continued) PAY ADMINISTRATION …………………………………………………………………….. Job Description Fair Labor Standards Act – Exempt and Non-Exempt Designations Salary and Wage Scale Salary and Wage Increases Promotions, Demotions, and Transfers Job Evaluation Job Reclassification Overtime for Non-Exempt Employees Checks Additional Compensation 16 WORKPLACE EXPECTATIONS AND GUIDELINES ……………………………………. Progressive Discipline Step I - Documented Oral Warning Step II - Formal Warning Step III – Suspension Step IV - Dismissal Hearing Attendance and Absence Performance Evaluations/Appraisals – Non-Faculty Non-Faculty Grievances 20 GENERAL INFORMATION ………………………………………………………………….. Weapons on Campus Drug – Free Environment Tobacco – Free Environment Alcohol and Drug Abuse Arrest and/or Conviction of Staff Responsible Use of Electronic Communications Emergencies Traffic and Parking Service Awards H.L. Nowell Outstanding Support Staff Award DSU Foundation Awards for Staff Excellence in Service Child Development Center Workers’ Compensation Unemployment Compensation Political Activities Outside Employment Intellectual Property 27 Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 5 GETTING STARTED The following areas require early attention when new staff employees begin their work at Delta State University. Developing Staff and Supervisor Relationships One of the most critical components of successful performance at Delta State is the partnership between staff and supervisors. This partnership provides the underlying structure for successful working relationships. The staff-supervisor relationship relies upon the following set of requirements: • The communication and understanding of needs and expectations. • The ability to discuss and resolve questions and problems. • The sharing of suggestions for improvement of work processes, individual and team performance, and service to others. New Staff Orientation Process and Introductory Evaluation Period When beginning work at DSU, staff employees have a six (6) month introductory evaluation period that will begin the first day of regular (excluding temporary) employment. All noninstructional employees are placed in an evaluation status for a minimum period of six months from the date of employment. This period is to be utilized by the supervisor for observing the employee's work and for rejecting any employee whose performance does not meet required work standards. Continuation of employment beyond the six months signifies the end of the evaluation period unless extended by the employee's supervisor. An employee may be terminated at any time during the introductory evaluation period. New employees do not have access to the grievance procedures. At the end of the employee's evaluation period, the department supervisor will conduct an assessment of the employee’s performance. The introductory evaluation period may be extended one time upon written request and justification from the administrative officer of the department. The request must be approved by the Director of Human Resources and the appropriate Vice President when it pertains to his/her staff. The completed form must be returned by the department supervisor to the Human Resources Office and becomes a part of the employee's records. Workplace Attire Workplace attire must be neat, clean, and appropriate to the work being performed in the setting in which work is performed. Supervisors should determine and communicate appropriate workplace attire for their staff. The OkraKard - Delta State University’s Multi-functional Identification Card The OkraKard is essential for all staff. Staff employees are expected to carry their ID card with them at all times while on DSU premises. Additional guidelines for the identification card include: • Staff must report a lost or stolen badge to their supervisor and Student Business Services immediately. • The badge is not transferable to another individual under any circumstances. The OkraKard is also an activity card. This activity card is to be used for conducting business with the university and serves as a multi-functional one-card system that provides meal plan tracking, a pre-paid debit account, facilities access, and activities access. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 6 Direct Deposit Delta State University encourages all staff to use direct deposit of paychecks because of the many advantages it offers. Direct deposit provides the convenience of having a paycheck electronically deposited into either a checking or savings account on payday. All employees are required to participate in direct deposit. For most employees, a pay stub is sent through campus email showing gross earnings and net pay. DSU will split deposit between two accounts. The minimum requirement is $250.00. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 7 BENEFIT OPPORTUNITIESS Delta State University’s overall benefit program has been recognized and valued because of its comprehensiveness and economic value. In addition to an array of core benefits such as health insurance, accrued leave, and state retirement, DSU also offers a wide range of family-friendly benefits. A summary of the benefits can be obtained from the Human Resource Office. Enrolling and Making Changes in Benefits: Our benefit programs require staff to enroll within a specified period of time or wait to make enrollment changes until the annual open enrollment period. Enrollment in other benefits may occur throughout the year based upon eligibility. Newly Eligible: 30 Days The first opportunity to enroll in benefits is during the first 30 days of eligibility. During this 30day time period, staff will have the opportunity to decide on health, dental, vision, and other ancillary benefits, such as health or dependent care reimbursement accounts. After 30 days, the next opportunity to enroll or make enrollment changes will be during the annual open enrollment period usually in August. Health insurance open enrollment is in October. Qualifying Life Events: 30 days If an employee experiences a qualifying life event, they may enroll or make changes to some of their Delta State benefits within 30 days of the event. Any change must be consistent with the qualifying event. Qualifying events include such things as: • Marriage, divorce, or legal separation, • Birth or adoption (or placement of adoption) of a child, • Death of a covered dependent, • Loss or gain of eligibility for insurance coverage for staff or a covered dependent, • Change in spouse’s employment status, and • Change in health insurance eligibility due to a relocation of residence or work place. If an employee has a qualifying event, they must notify Human Resources at 662.846.4035 or by visiting the Human Resources office in Kent Wyatt Hall, Room 247 and provide documentation within 30 days of the event to update benefit enrollments. The employee will need to present documentation, such as a birth, marriage, or death certificate, or divorce decree. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 8 CORE BENEFITS Delta State University offers staff and their family members a strong foundation of core benefits that offer exceptional value, including high-quality health plans, life insurance and retirement plans. Detailed information on the following benefits is available in the Human Resource Department. Health Insurance Individual needs vary and that’s why DSU offers a health insurance plan that meets the need of staff and their family members. Our health plan covers medical, pharmacy, and other health benefits. Eligible employees may also insure their dependents in the health plan by paying the premium cost for the covered dependents. Premiums are deducted from paychecks with Delta State University paying the premium for the employee. Dental Insurance Delta State offers a choice of dental plans depending on the level of dental coverage desired. The two plans offer preventative and basic care, but differ in covered services for major dental care. The employee is responsible for all premiums associated with dental coverage. Vision Insurance DSU offers staff a nationwide vision care plan that provides coverage for prescription lenses and frames, contact lenses (in lieu of eyeglasses), and a complete annual eye exam. The employee is responsible for all premiums associated with vision coverage. Life Insurance Delta State offers comprehensive life insurance programs from which staff can choose to participate to supplement his or her insurance needs including Supplemental Life and Whole Life. Retirement The State of Mississippi mandates participation in the state retirement system as a condition of employment. Delta State offers two different types of retirement plans. • State Retirement (PERS) The Public Employees’ Retirement System of Mississippi is a defined benefit plan. • Optional Retirement Plan (ORP). Delta State University employees in administrative positions, librarians, coaches, and teaching faculty are eligible to participate in this defined contribution plan. Eligible employees can participate with one of three companies: o Teachers Insurance and Annuity Association/College Retirement Equities Fund (TIAA/CREF), o Internationale Nederlanden Groep (ING), or the o VALIC. Both plans are funded by Delta State University and the contributing employee. Detailed information on the state and optional retirement plan system is available in the Human Resources Department or by contacting the Public Employees' Retirement System of Mississippi at 601.325.3589 or 1.800.444.7377 or www.pers.state.ms.us. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 9 Delta State University also provides an opportunity for eligible staff to continue participation in many benefits when they retire. These benefits may include health, dental, and life insurance. Staff may schedule an appointment with a Human Resource representative to help them evaluate benefits and complete required paperwork for those benefits in which they are eligible to continue after retirement from DSU. Eligibility for benefits in retirement varies by benefit and eligibility criteria. Reimbursement Accounts Delta State offers reimbursement accounts that allow staff to take advantage of tax savings on eligible expenses: • Premium Only Plans (premiums paid by the employee for ancillary benefits) • Health care (for health care expenses not covered by insurance), and • Dependent care (for reimbursement of day care expenses for eligible dependents). Both types of reimbursement accounts require staff to estimate the cost of their health and/or dependent care for the time frame of September – August. DSU offers this pre-tax benefit plan that allows employees' pay to be reduced by the premium amounts for the employees' share of premiums for state life insurance, health insurance, cancer/hospital insurance coverage, dental insurance, payments for dependent care, and payments for non-reimbursed medical expenses. This reduction of gross pay for the purpose of paying for employees' benefits may have the effect of reducing the employees' total federal and state income taxes and social security taxes liability. Tuition Remission for Employees Delta State University provides a Tuition Remission Program that enables eligible employees to enroll in courses of study at the University in order to enhance personal and professional development. Regular full-time employees are eligible to have tuition remitted for up to six (6) undergraduate or graduate credit hours per fall or spring semester and up to three (3) credit hours per summer and/or intersession term with a maximum of eighteen (18) credit hours per year. Employees are eligible for this benefit on the first day of their regular employment. Part-time, benefit eligible employees, may take up to three (3) credit hours per semester. Employees who are adjunct or temporary status are not eligible for the Tuition Remission Program. Regular full-time employees on an approved leave of absence may continue to be eligible for the Tuition Remission Program for the duration of the approved absence. Tuition Remission for Dependent Children of Employees Delta State University provides a Tuition Remission Program that enables dependent children of eligible employees to enroll in courses of study at the University at a reduced tuition. In order to receive the fifty percent tuition remission, a dependent child must gain admission to the University and complete the Application for Tuition Remission for a Dependent Child. Dependent children who receive partial aid, scholarships, or graduate assistantships are eligible for tuition remission. The remission does not apply to dependent children who are recipients of full scholarships from any source or graduate assistantships. Tuition Remission for Spouses of Employees Delta State University provides a Tuition Remission Program that enables spouses of eligible employees to enroll in courses of study at the University. Spouses of regular full-time employees are eligible to receive this scholarship until the degree requirements are met and as long as the Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 10 employee remains employed by DSU. Employee spouses are eligible for this benefit on the first day of the employees' regular employment. Spouses of employees who are adjunct or temporary status are not eligible for the Tuition Remission Program. Compensation for Educational Development of Staff Employees Delta State University encourages the personal and professional development of support staff employees. In an attempt to award employees for such efforts, full-time employees may be compensated in the following amounts for the completion and awarding of the following degrees through a fully accredited institution of higher learning and/or a recognized and accredited certification program. GED $250.00 Professional Certification $250.00 (must be job related and require prior approval) Associate Degree $500.00 Bachelor Degree $750.00 Masters Degree $1,500.00 Doctoral Degree Varies / Negotiable Holidays Delta State University closes its offices in observance of the following “official” holidays: • Independence Day • Labor Day • Thanksgiving • Winter Holiday (Christmas) • New Year’s Day • Martin Luther King, Jr. Day The President has also declared the following “special holidays” for all eligible employees: • Friday after Thanksgiving • Seven (7) additional days in conjunction with the Winter Holiday (Christmas) • Good Friday (Friday proceeding Easter Sunday). • other times approved and announced by the President “Special Holidays” are subject to change at the discretion of the President of the University. When a stated holiday falls on a Saturday, the University will observe the preceding Friday as the Holiday and when the holiday falls on Sunday, the following Monday will be observed. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 11 Time Away from DSU Personal Leave Personal leave with pay is earned by all regular full-time employees, after one month of continuous service, according to employment status and length of annual employment periods. Nine-month faculty, students and retirees are not eligible for personal leave time. Personal leave may also be utilized during Family and Medical Leave, which is granted to eligible employees because of childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse, or parent; or, in the case of an employee's own serious health condition. Personal leave may only be taken at times agreed upon by employees and their department/unit head and must be approved in advance, except when personal leave is requested for medical reasons. Employees are allowed credit for personal leave computed on the basis of continuous service at the following monthly and annual accrual rates. Continuous Service 1 month to 3 years 37 months to 8 years 97 months to 15 years Over 15 years Accrual Rate Monthly 12 hours 14 hours 16 hours 18 hours Accrual Rate Annually 18 days 21 days 24 days 27 days *Employees, who were hired prior to July 1, 1984, and who had continuous service of at least five (5) years but not more than eight (8) years, shall accrue fifteen (15) hours of personal leave each month or twenty-two and a half (22.5) days per year. Personal leave may be used for vacation and personal business. Personal leave must be used for the illness of the employee and/or the employee’s immediate family requiring absences of one day or less. Personal leave may be used for absences that require the employee to be absent for more than one day. During the interim of each academic semester or term, personal leave must be used by employees for any periods of time not covered by official or special holidays. Nonexempt employees must utilize any accumulated time-off/compensatory time before using personal leave. Exempt employees are not eligible for time-off/compensatory time and must use personal leave to cover any period of time not designated as an official or special holiday. Medical Leave Major medical leave is earned by all regular full-time employees after one month of continuous service, according to employment status and length of annual employment periods. Student employees and retirees are not eligible for major medical leave. Major medical leave may be used for the illness or injury of the employee or a member of the employee's immediate family. Employees, except nine-month faculty and student workers, are allowed credit for major medical leave computed on the basis of continuous service at the following rates: Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 12 Continuous Service Accrual Rate Monthly Accrual Rate Annually 1 month to 3 years 8 hours 12 days 37 months to 8 years 7 hours 10.5 days 97 months to 15 years 6 hours 9 days Over 15 years 5 hours 7.5 days * Employees who work less than 40 hours per week shall accrue credit for leave on a pro-rata basis. Faculty members employed on a nine-month contract shall accrue credit for major medical leave as follows: Continuous Service Accrual Rate Monthly 1 month to 3 years 37 months to 8 years 97 months to 15 years Over 15 years 13.33 hours 14.20 hours 15.40 hours 16 hours Accrual Rate Academic Year 15 days 16 days 17 days 18 days Major medical leave may be used for the illness or injury of an employee, or member of the employee's immediate family, only after the employee has used one day of personal leave for each absence due to illness, or leave without pay if the employee has no accrued personal leave. Provided, however, the major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuing treatment of chronic disease, as certified in advance by a medical doctor. Faculty members may use major medical leave for the first day of absence due to illness. Unused major medical leave shall be counted as creditable service for purposes of the PERS retirement system. Advance major medical leave is not permitted, except that major medical leave may be granted during the month it is earned. When major medical credits are inadequate to cover absences caused by the employee's illness, the time lost is charged to personal leave, if any, then leave without pay. Employees must notify the supervisor immediately of the reason for absence and must keep the supervisor informed of their condition. Leave for Death in Immediate Family In the event of death in the immediate family, an employee may use up to three days of earned major medical leave in any calendar year when required to be absent from duty because of the death. Personal leave may be used for absences due to a death in the immediate family or for additional days needed after three days of major medical leave have been used during a calendar year. Immediate family is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparents, son- or daughter-in-law, mother- or father-in-law or brother- or sisterin-law. Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 13 Family and Medical Leave All regular full-time (50% time or greater) employees of Delta State University are entitled to family and medical leave. Employees who work 50% time or greater but less than 100% time are entitled to leave on a pro-rata basis. Family and medical leave of up to twelve (12) weeks' duration during the fiscal year will be granted upon proper request following childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse or parent; or, in the case of the employee's own serious health condition. Delta State University will utilize accrued personal and major medical leave, as applicable, for any part of the twelve-week leave period. If accrued leave is not sufficient to cover the entire period of the leave requested or if the employee chooses to take unpaid leave, an unpaid leave of absence will be granted for the remainder of the twelve (12) week leave period. The University will continue to pay the employee only contribution to the Health Insurance Plan for up to twelve (12) weeks, whether the leave is paid or unpaid. At the time accrued paid leave is exhausted and an unpaid leave of absence begins, the employee must make arrangements with the Human Resources Department for continuation of benefits coverage, including health, life, dental and other ancillary insurances. Service time in the Public Employees' Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of unpaid leave of absence. Also, personal and major medical leave days are not earned during the unpaid portion of a leave of absence. The employee requesting family and medical leave must provide his/her department head and the Human Resource Department with a certificate from a physician of a serious health condition for the employee's own health or that of a family member. Forms are available in the Human Resource Department. Certification must include: 1. the date on which the serious health condition began; 2. the probable duration of the condition; 3. appropriate medical facts regarding the condition; 4. if appropriate, a statement that the employee is needed to care for a spouse, parent or child (along with an estimate of time required); or, that the employee is unable to perform his or her job duties; and, 5. in the case of intermittent leave, the dates and duration of the treatments to be given. In order to minimize disruptions to the work environment, employees are encouraged to provide their department heads with as much advance notice as possible when there is a need for family and medical leave. After a period of leave due to their own serious health condition, employees must present medical certification to indicate their ability to return to work. Upon return to work, employees must contact the Human Resources Department about reinstatement of benefits. Leave of Absence Without Pay A leave of absence without pay may be granted to regular employees for a period of up to six (6) calendar months at the discretion of the employees' responsible Vice-President. Leave may be granted for, but not limited to, medical disability of employees or their family members (See Family and Medical Leave Policy), enrollment in educational course work relating to the employees' position, professional development beneficial to the employee and the University, or family emergency. The responsible Vice-President must consider the individual circumstances, including the impact the leave of absence will have on the department, the specialization and/or critical nature of the position, and the practicality of replacing the employee for the period of the Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 14 leave of absence. The leave will not be granted unless the employee intends to return to work at the University at the expiration of the leave of absence. Service time in the Public Employees' Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of leave of absence without pay. Also, personal and major medical leave days are not earned during the leave of absence; however, earned personal and major medical leave credits on record at the beginning of the leave of absence are not forfeited provided the employee returns to duty immediately following the leave of absence. Insurance coverage may be retained during the leave provided that prior arrangements are made through the Human Resources Department and that the total premiums for coverage are paid by the employee. Administrative Leave Administrative leave is a leave of absence (paid or unpaid), other than personal leave or major medical leave, initiated to manage special circumstances where it is in the University's best interest to retain the employee relationship for a period of time to be determined by the University. Such leaves may be initiated by the University or requested by the employee. When an employee requests an administrative leave, the school or unit must assure that such leave does not fall within existing leave policies and does not cause a hardship to the operations of the school or department. Examples of special circumstances may be, but are not limited to: • • • • Necessity to remove an employee from the work place while an internal or external investigation/review ensues; Emergency conditions where no other admistrative option exists; Jury duty and witness: The unit head shall grant administrative leave with pay to employees who are called upon for service on a jury or as subpoenaed witnesses, other than as a plantiff or defendant, in a judicial or administrative proceeding. Such service must be verified by the Clerk of the Court. Weather or Disaster: The President of the University may grant administrative leave with pay in the event of extreme weather conditions or in the event of a man-made, technological, or natural disaster or emergency. Such administrative leave when approved by the President is not counted against the earned personal leave credit of employees. In the event of weather conditions or disaster in which the President does not grant administrative leave, employees may use earned personal leave if approved. Military Leave In accordance with the laws of the State of Mississippi, all employees who are members of the National Guard or any reserve component of the Armed Forces of the United States who are ordered to duty for training or exercises are entitled to military leave. The first 15 days of military leave in any calendar year is with pay. Employees may be granted personal leave for the period in excess of 15 days by the department/unit head. If the employee does not wish to utilize accrued personal leave or if personal leave is exhausted, the employee Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 15 must be granted leave without pay for the period of time in excess of 15 days. Approval for military leave must be secured in advance from the President. A copy should be filed with the Human Resources Department. Employees requesting military leave must: • Submit to the department head a letter requesting leave with attached copy of orders. • Indicate on the request letter the dates of military leave (not to exceed 15 days per calendar year), the dates of personal leave or leave without pay. • If the leave of absence without pay exceeds one month, employees should contact the Human Resources Department, regarding continuation of benefits during the approved leave of absence. Terminal Leave Eligible terminating employees are paid in a lump sum for the unused portion of their earned personal leave time, not to exceed 240 hours with the last salary or wage payment. Unused personal and major medical leave in excess of 240 hours will be counted as creditable service for those employees participating in the Public Employees' Retirement System. Unused personal and major medical leave in excess of 240 hours will be forfeited by those employees participating in the Optional Retirement Plan. Transferring Credit for Leave Days When employees transfer from one unit to another within the University, they retain their cumulative earned personal and major medical leave credits at the time of the transfer provided their employment is continuous. Also, new employees to the University from another state agency or institution in Mississippi may transfer leave credits to the University upon proper certification from the former employing State unit provided their employment is continuous. Employment is considered continuous in both situations provided there is not a twenty-four (24) hour lapse in service between the transfer from one unit to the other. When an employee transfers to another agency or institution within the State, Delta State University will, at the request of the employee, certify the unused personal and major medical leave as of the date of the transfer. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 16 EMPLOYMENT @ DSU Equal Employment Opportunity Delta State University is committed to a policy of equal employment opportunity for all persons in all terms and conditions of employment without regard to race, age, color, religion, national origin, sex, disability, or veteran status. The University will not tolerate any conduct by an administrator, supervisor, faculty, or staff member which constitutes workplace discrimination or any form of prohibited discrimination. The University is committed to ensuring equal employment opportunity for women, members of racial minority groups, individuals with disabilities, disabled veterans and Vietnam era veterans. The University complies with all applicable laws and regulations related to nondiscrimination in employment and educational opportunity. Employment Eligibility (I-9) It is the University's policy to employ only those individuals eligible for work in the United States. Therefore, to ensure the identity and the employment eligibility of all persons employed, hiring departments are responsible for documentation and verification requirements. These requirements are met through proper completion of the Employment Eligibility Verification Form I-9 designated by the Immigration and Naturalization Service (INS). On or before their first day of work, all new employees shall be required to present to the hiring department original documentation of their true identity and employment eligibility. Employees are not eligible to begin employment until the employee has been E-verified through the Immigration and Naturalization Service. Minimum Age for Employment Persons who have reached their eighteenth (18) birthday may be employed as regular or temporary employees on a full or part-time basis in a position for which they meet the minimum qualifications and other employment requirements of the University. Days and Hours of Work Delta State University’s normal workweek begins at 8:00 a.m. on the Monday of each week and ends seven days later. The normal work schedule is 40 hours, Monday through Friday, except on official or special university holidays. Department head schedules working hours according to the needs of the department. Unusual or emergency conditions may necessitate modifications of the normal work schedule for any exempt and non-exempt employee. In the event that the university determines that it is necessary to change the regular and routine starting and quitting times of any employee, exclusive of emergency work, one week’s notice shall be given prior to the beginning of the period in which the new schedule is to be implemented. In the event such prior notice is not given to a non-exempt employee, overtime rates shall be paid for all hours worked outside the schedule until the notice period is complete. In the event such prior notice is not given to an exempt employee, the employee shall remain in their regular schedule until the notice period is complete. Modification to any schedule extending over a one-month period must be approved in advance by the appropriate Vice-President. Harassment Delta State University is committed to providing and promoting an atmosphere in which faculty and staff can realize their maximum potential in the workplace and students can engage fully in Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 17 the learning process. Toward this end, all members of the university community (including faculty, staff and students) must understand that harassment will not be tolerated, and that they are required to abide by university policy. Engaging in harassment is unacceptable conduct which will not be tolerated. Any employee found to have engaged in harassment will be subject to disciplinary action up to and including termination. Managers and supervisors who know or should have known of harassment and fail to report such behavior, or fail to take immediate, appropriate action, will be subject to disciplinary action up to and including termination. The official DSU policy for harassment is located at http://www.deltastate.edu/pages/2473.asp? . Reduction in Force (Non-Faculty) Non-faculty reduction in work force may be required in the event of: reorganization of department, division, or unit; changes in departmental organization or services; or elimination or reduction in funding. The President shall determine those areas of the University whose budgets must be reduced. This determination shall be based upon a systematic allocation of budget reductions and shall be rationally related to the essential needs and priorities of the University, both academic and nonacademic. Each Administrative Officer will review all non-faculty positions within his or her area of responsibility and provide a list of persons recommended for termination and the basis for the personnel decisions, cost savings, and effect of such terminations on the unit. Temporary and probationary employees will be terminated before non-probationary full-time employees. Criteria to be used by the Administrative Officer in determining which employees will be recommended for termination are as follows: • importance of position to department/unit; • work performance and productivity; ability to perform remaining work; • protected employment status due to active military service by National Guard and Armed Services Reservist; • effect on affirmative action considerations. If after considering all of the above-listed criteria, two or more employees are equivalent, the person with the least continuous service with the department/unit/university will be terminated first. The recommendations for employee terminations shall be forwarded to the President and Equal Employment Opportunity Officer for review. Written notification of termination shall be prepared in the office of the Director of Human Resources. The notification shall include a copy of this policy, reason for termination, effective date of termination, and availability of Human Resources Office in locating other suitable University employment. Employees selected for termination will be given a minimum 30-day notice, and the notice will be hand delivered by the administrative officer making the original recommendation for termination. Any employee receiving notice of termination pursuant to this plan has the right to appeal the decision within five (5) working days of receipt of notification of termination. The appeal shall be limited to a review that termination procedure was not properly followed and/or appropriate criteria applied in arriving at the decision to terminate. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 18 The Appeal Committee shall forward its finding to the President, who shall make the final decision and notify the appropriate parties. Employment Status It is the intent of this University to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and Delta State University. The employment status of DSU employees is normally defined in one of the following categories: • Regular Full-Time: Employees who are regularly scheduled to work one-half time or more (50% time or greater) and whose positions are expected to be active for more than four and one-half months. • Regular Part-Time: Employees who are regularly scheduled for less than one-half time (49% time or less) and whose positions are expected to be active for more than four and one-half months. • Temporary: Employees who are regularly scheduled to work full-time or parttime and whose positions are expected to be active for a period up to, but less than, four and one-half months Employment of Relatives The employment of a family member of a present employee or the appointment of a present employee to a new/different position is prohibited when such employment/ appointment would create a situation where one family member would be in a supervisory position over the other family member and/or influencing progress, performance, or welfare. An exception may be made to this policy, if the exception is approved in writing, through the chain of command to the appropriate Vice President, provided the subordinate employee's supervision is formally transferred to a supervisory authority one or more levels above the supervisory family member employee, and, if all matters dealing with the subordinate employee's progress, performance, welfare, assignment, salary, tenure, and promotion are in fact unaffected by the other family member's employment or position. Employment of Retirees Individuals who have retired from the Delta State University (or other State of Mississippi service) may be re-employed for a period of time in each fiscal year not to exceed the following: 1. For a period of time not to exceed one-half (1/2) of the normal working days for the position in any fiscal year during which the retiree will receive no more than one-half (1/2) of the salary in effect for the position at the time of employment, or 2. For a period of time in any fiscal year sufficient in length to permit a retiree to earn not in excess of twenty-five (25%) of the retiree’s average compensation. State retirement benefits are subject to suspension for retirees re-employed under conditions other than those specified above. The provisions allowing emergency limited re-employment of retirees are designed to assist in meeting critical short-term staffing needs only. All retirees re-employed under these provisions are reported to the Public Employees' Retirement System as required. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 19 PAY ADMINISTRATION Delta State University administers compensation policies and programs that support competitive and equitable pay based on like duties and responsibilities, comparability of backgrounds, performance contributions, and available resources. DSU’s pay administration policies, plans, and programs are administered without regard to race, gender, ethnicity, religion, national origin, veteran status, sexual orientation or preference, disability, or age. Job Descriptions Job descriptions exist for most staff positions and summarize typical duties and responsibilities. Fair Labor Standards Act (FLSA) – Exempt and Non-Exempt Designations The FLSA establishes provisions and standards to determine overtime pay, hours worked, record-keeping plans, and child-labor provisions. Staff at Delta State are either classified as performing “exempt” or “non-exempt” work based upon regulations of the FLSA. The determination of “exempt” or “non-exempt” work is made by the Human Resources Department in accordance with FLSA criteria. FLSA regulations provide an exemption from overtime pay for staff employed as bona fide executive, administrative, professional, and/or outside sales staff. Non-Exempt Status DSU is required by federal law to pay a regular hourly wage to staff performing non-exempt work. DSU is also required to pay staff performing non-exempt work for all hours worked beyond 40 hours in a workweek at the rate of one-and-a-half times their regular hourly wage. Exempt Status Staff performing exempt work are not covered by the overtime pay provisions of the FLSA and are not eligible to receive overtime pay for hours worked beyond 40 in a workweek. Staff performing exempt work are paid on a salary basis and receive a predetermined amount of pay each pay period. Staff in exempt positions receive the full salary for any workweek in which they perform any work – regardless of the number of days or hours worked in the case of approved absences. Salary and Wage Scale In accordance with specific factors, positions have been classified into salary grades and salary ranges for each grade. Delta State has a pay schedule for all grades, and these grades are periodically revised in order to remain competitive with the pay practices of local employers and comparable benchmark universities. Actual adjustment amounts will be based on availability of funds. DSU will pay employees within the range of salaries of their job's salary grade. Each salary grade of the classification system is structured to provide a minimum rate and a maximum rate of pay. New employees generally are to be hired at the minimum of their job grade. Recommendations for beginning salaries above the minimum of the job grade must be reviewed and approved by the Director of Human Resources before such offers are made to the Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 20 applicants. The maximum rate in a grade is the highest rate that shall be paid to an employee in that grade. Salary and Wage Increases Delta State University is committed to linking the opportunity for annual pay increases to staff performance during the year. The opportunity for an annual merit increase is based on an individual’s annual performance evaluation and annually approved guidelines. Annual increases in salaries and wages when available and approved by the Board of Trustees are effective July 1. Increases may be granted to all non-student employees who have completed the initial six months appraisal period and who are not on an extended appraisal, provided the performance evaluation indicates meritorious job performance. If wage and salary scale adjustments are made effective July 1, employees in their probationary period will receive those scale adjustments after their probationary period. Promotions, Demotions and Transfers A promotion occurs when an employee is moved to a job in a higher salary grade. Employees going from one grade level to the next should receive an adjustment of a minimum of five percent (5%) per grade increase in pay or receive the entry-level wage for the new position, whichever is greater, but not greater than the maximum rate of pay for the new grade. A demotion occurs when an individual is moved to a job evaluated at a lower salary grade. Demotions may be due to poor performance, necessity of organization change, or developmental assignment. If an employee is put into a lower skill job due to poor performance in the higher level job, he or she will be paid at either the current pay level or, prior wage rate reduced five percent (5%) per grade, or at the maximum of the lower grade, whichever is less. If an employee is put into a lower level job due to a reduction in force or a developmental assignment, the employee should be kept at his or her current salary. A transfer occurs when an individual is moved to a job in the same salary grade as the one vacated. In the case of a transfer, no salary adjustments shall be made. Job Evaluation All classified jobs are evaluated according to a formal, standardized plan. The Job Evaluation Committee with the assistance of the Director of Human Resources will periodically review all evaluations to ensure they accurately reflect each job's current duties and responsibilities. Job Reclassification A job reclassification occurs when a job is moved to a different grade because the applicable job factors have changed. Supervisory requests concerning job reclassification will be considered once a year; new positions will be evaluated on a need basis. If upon evaluation of the job, it is determined that the job is still within the same salary grade, no salary adjustment will be made. Reclassification of a job to a higher salary grade may be considered as a promotion for an employee and increase may be granted according to the guidelines discussed above. In the instance where an employee's job is reclassified at a lower salary range, the salary will not be reduced; however, future increases and opportunity will be limited by the range resulting from the reclassification. Employees have the right to request a review of the evaluation of their job. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 21 Overtime for Non-Exempt Employees Non-exempt (those eligible for overtime) and Exempt (those not eligible for overtime) status is designated on all job descriptions. Compensatory time may be accrued for employees in non-exempt positions up to a maximum of 240 hours. An employee shall be permitted to use the accrued time within a reasonable period after requested, if agreeable with supervisor, and if to do so would not unduly disrupt the operations of the University. Accrued time must be used as earned within the same pay period if at all possible. However, if this is not possible, accrued time must be used within six months of earning and cannot carry over into a new fiscal year. Daily time records must be kept on all employees in the non-exempt categories. Checks Biweekly Pay Periods: The biweekly pay period begins at 12:01 a.m. on Monday and runs 14 consecutive workdays, ending at 12:00 midnight the second following Sunday. Staff in hourly-paid positions are paid biweekly every other Friday, based upon that year’s payroll schedule. When a payday falls on a holiday, paychecks will be issued on the preceding workday. Students (work-study and regular student employment) shall be paid on the 15th of each month. If the last working day/15th falls on a Saturday or Sunday, paychecks shall be distributed on the Friday preceding the weekend. Monthly Pay Periods: The monthly pay period begins on the first calendar day of the month and ends on the last calendar day of that month. Faculty and staff in monthly-salaried positions are paid on the last working day at the end of each month of employment. Faculty teaching summer school shall be paid on the last day of class each summer term. Direct Deposit: Direct deposit provides the convenience of having paychecks electronically deposited into checking or savings accounts. All employees are required to participate in direct deposit. Direct deposit is the most reliable method of receiving pay. Garnishment and Bankruptcy: Delta State is obligated by federal and state law to deduct or garnish wages from staff paychecks when child support, unpaid student loans, bankruptcy collection, or unpaid taxes are owed and/or overdue. Deductions from staff wages occur when the University receives a summons and/or levy in garnishment from federal or state institutions. Garnishments remain active until Payroll receives a release or an amendment of these federal and state decrees. DSU does not refund any incorrectly deducted funds due to requisite garnishments. Instead, staff must request refunds from the agency directly authorizing the deduction. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 22 Additional Compensation An employee performing duties outside his/her regular job description and usually after normal working hours shall receive additional compensation, which shall be included and taxed on his/her paycheck. Examples of such duties include supervision of correspondence courses, instruction of workshops or summer camps, consultant work on grants, or working at athletic events. Also considered additional compensation by the Internal Revenue Service are awards or prizes received by employees. Additional compensation is taxed at supplemental rates established by the Internal Revenue Service. Delta State University has certain restrictions regarding additional compensation payments above and beyond normal base compensation to faculty and staff who are exempt employees under the Fair Labor Standards Act and who provide certain instructional, grant, and service activities to the University above and beyond their normal employment duties. A faculty, staff, or adjunct employee cannot in any circumstance be the sole determinant of his or her compensation for extra duties, as long as these extra services do not conflict with the employee’s primary committed position. Additional compensation is reported annually to the Board of Trustees, Institutions of Higher Learning. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 23 WORKPLACE EXPECTATIONS AND GUIDELINES Successful job performance depends upon an array of factors including - first and foremost - a clear and full understanding of and commitment to job performance expectations. Following specific policies and procedures will enable staff to achieve expected performance. Delta State University is an “at will” employer and as such reserves the right to terminate employment from any position at any time and for any reason. It is the policy of Delta State University to assist employees in improving job performance or correcting improper conduct to avoid termination when possible. Supervisors and staff are encouraged to take advantage of the many resources available to support successful work performance. DSU also expects staff and supervisors to understand and adhere to the following performance procedures, plans, and standards: • Provide a full review and discussion of the DSU Faculty and Staff Handbook. Staff should sign the Acknowledgement of Receipt and return the receipt to their supervisor to be kept in their department personnel file. • Provide a formal review and discussion of specific department and/or unit performance expectations. • Conduct regular discussions between supervisors and staff in regard to performance progress and future expectations. • Conduct discussions at least once a year of overall staff performance, future expectations and goals. Delta State holds a strong commitment to high ethical standards and full compliance with laws, regulations, and policies. Staff are expected to perform job duties and responsibilities in a manner that reflects the highest ethical and professional standards. The University expects of its employees behavior consistent with the expectations of an institution of higher education. This section is to identify typical offenses or behavior patterns for which disciplinary actions are taken. This is necessary in order to provide consistent treatment of all employees and so that the rights of some employees will not be violated by other employees. Although this list is not an all-inclusive, the following are examples of deficiencies or offenses for which progressive disciplinary actions may be appropriate and which may result in discharge. Examples of offenses that generally require discipline and may result in discharge: 1. Absenteeism 2. Failure to record work time accurately 3. Failure to report an accident or injury to a student, employee, visitor or self. 4. Failure to report to work on time. 5. Leaving University premises or work area without permission during work hours; unexcused absences. 6. Malicious mischief 7. Misuse of sick leave privileges and benefits 8. Neglect of duty or inattention to duty; negligence in wearing safety equipment. 9. Negligence in the performance of duty or productivity not up to standards 10. Sleeping during work hours Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 24 11. Violation of common safety practices 12. Failure to cooperate in an investigation 13. Gambling on University premises 14. Inappropriate behavior in the workplace, including, but not limited to, horseplay and threatening, intimidating, coercing, or interfering with fellow employees on University property. 15. Inappropriate behavior toward, or discourteous treatment of students, visitors, co-workers including use of profanity and other harassing statements. 16. Negligence or abuse in the use of University property or equipment. 17. Reporting to work when suffering from alcoholic or drug-related hangover 18. Misconduct in the workplace 19. Inappropriate behavior in the workplace 20. Sexual harassment 21. Violation of University policies or procedures The following occurrences are cause for immediate discharge without notice or without pay in lieu of notice. Since a complete list of specific offenses is impossible, discharge is not limited to the situations described below. 1. Absence without notification or reasonable cause for failure to notify. Such absences for three consecutive workdays or shifts require no further follow-up prior to termination. 2. Any act of fighting on University property 3. Conviction of a felony 4. Falsifying personnel or pay records, including application for employment, clocking the time record or signing the time sheet for another employee. 5. Falsifying official records and documents of the University. 6. Fraudulent worker's compensation claims. 7. Immoral or indecent conduct on University property. 8. Stealing from fellow employees, students, the University or others on University property. 9. Theft, misappropriation of funds, and/or unauthorized use or removal of University property. 10. Unauthorized possession of firearms, knives, or other weapons. 11. Unauthorized release of confidential or official information. 12. Reporting to work under the influence of intoxicants, including alcohol, nonprescribed drugs, or illicit drugs. 13. Unlawful possession, use, manufacture, distribution or dispensing of illicit drugs, controlled substances, or alcoholic beverages during the employee's work period, whether on the premises of DSU or at any other site where the employee is carrying out DSU duties. 14. Violating the Ethics in Government Law (i.e., conflict of interest). 15. Behavior of any nature that discredits the University, including but not limited to, a willful misrepresentation to or on behalf of the University. 16. Behavior that interferes with the operation of the University or any part thereof. 17. Any other action, behavior, or communication that, as perceived by University officials, adversely affects the University or any sub-unit thereof. University employees are expected to serve the University as they would any other efficient and progressive organization. The image of the University is presented by the words and deeds of the Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 25 individual employees who deal with students, colleagues, or guests. Employees are expected to deal with the public and co-workers in a courteous, tactful, and cooperative manner. Employees are expected to abide by departmental, University and Board of Trustees policies and procedures. It is the responsibility of the supervisor/department head to establish and communicate policies to employees, to administer policies fairly, and to investigate employee violations of policy when necessary before disciplinary action is taken. Disciplinary action will bear a reasonable relationship to the violation and will usually, but not always, be progressive. The University reserves the right, at its sole discretion, to utilize forms of discipline less severe than termination in differing circumstances in order to correct employees' performance problems or unacceptable behavior. Although one or more of the following procedures may be taken, no formal order or system is necessary, and the University may terminate employment at any time. If any employee is performing unsatisfactorily or exhibiting improper conduct, the supervisor will work with the employee in an attempt to improve conduct or performance. If disciplinary measures are imposed, it is essential that: Each problem be investigated so that the facts of the situation are known; Any action taken be primarily corrective and appropriate to the offense and applied without discrimination; Employees be given forewarning of the possible consequences of their actions, except in cases of misconduct so serious that employee could be expected to know that such conduct may result in discharge; and A record of the incident in which disciplinary action may result must be made. If corrective action is necessary, the progressive disciplinary steps outlined below will normally be followed. The nature or severity of the offense will determine the first step. Step I - Documented Oral Warning Once an employee performance/conduct problem has been identified, and where informal actions such as counseling, training, and assistance have not brought about acceptable performance/conduct, then a formal discussion should take place. The employee will be informed of his/her deficiencies and acceptable performance/conduct will be discussed. The discussion will be documented and the employee will be given a copy. A documented oral warning should normally be given in private by the supervisor to an employee as a first step in correcting minor deficiencies. (Some first offenses of a more serious nature may require stronger action.) Step II - Formal Warning Formal warnings are to be used for recurring or more serious deficiencies or where there is future possibility of more severe action including termination or after an oral warning notice has been unsuccessful. Formal warnings are to be written to the employee and must indicate the date and specific nature of the deficiency and that more severe action may result if the employee does not correct the deficiency. The employee must be provided a copy of the warning and a copy sent to the Director of Human Resources. Step III – Suspension If the employee's misconduct or poor work performance continues, the next progressive disciplinary step is a suspension without pay. The suspension will be for three (3) working days Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 26 and is the final disciplinary step prior to discharge. This action is taken where previous progressive disciplinary steps have not corrected the deficiency or where the offense is of such serious nature that it may warrant discharge, pending review of the facts. Very serious offenses may be cause for immediate suspension without the steps outlined above. Notices of suspension are placed in the employee's personnel file. The supervisor and/or department head must have written approval from his/her reporting Vice-President before initiating a suspension. The employee must be provided a copy of the suspension warning and a copy sent to the Director of Human Resources. Step IV - Dismissal Termination of the employee is a last resort after all other progressive disciplinary measures have failed or if the misconduct is of such a serious nature that immediate discharge is warranted. Recommendation for dismissal should be reasonably related to the seriousness of the employee's performance / conduct in view of length of service and prior record. Human Resources will review the case to verify that there is just cause for termination of employment and that the employee has been afforded due process. After consultation with the Director of Human Resources, recommendations for dismissal of employees are initiated by the supervisor and /or department head and approved by the reporting Vice-President and Human Resources before any action can be taken. Employees are to be advised in writing by their supervisor and /or department head, stating the reasons for recommending dismissal, effective date of action, notice of the employee’s right to appeal, and the procedure for filing an appeal. A copy of the recommendation is to be sent to the Director of Human Resources. The University recognizes that dismissal for any reason is a serious matter. All decisions regarding dismissal are made by the reporting Vice President and Human Resources, after consultation with the immediate supervisor and discussion with the affected employee. In cases of termination of any employee because of lack of funds or reorganization, the employee is to be notified at least four weeks in advance if circumstances and advance knowledge permit. Before a non-probationary regular full-time classified employee may be terminated for cause, the immediate supervisor must notify the employee with a written notice of intent to terminate, in which the reasons for the intent are cited. The immediate supervisor must present the intent to terminate in person, if at all possible; if not, by certified or registered mail at the employee's last known residence. The immediate supervisor shall simultaneously inform the employee of the right to a hearing as outlined below. Moreover, the supervisor has the option in any such instance to suspend with pay any employee who requests a hearing. Hearing A classified employee entitled to a hearing by virtue of a notice of intent to terminate shall have two working days from the date of receipt of the notice of intent to request a hearing before a Personnel Advisory Committee which consists of five employees selected by the President and mutually agreed upon by the Director of Human Resources and the affected staff member. One of the panel members will be appointed as Chair by the President. A different committee shall be appointed for each hearing. If the employee does not request a hearing, the employee’s salary ceases at the end of the second working day following the receipt of the notice of intent to terminate. If the employee requests a hearing, the hearing shall occur within five working days of the receipt of the request for a hearing. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 27 The committee will not be bound by strict rules of evidence, but may admit any evidence that is of probative value in determining the issues involved. The staff member will be permitted an advisor of his own choice, at his own expense, and will be afforded an opportunity to present witnesses and documentary evidence bearing on the issue involved. Hearings will be private. Public statements are to be avoided by all parties concerned, so that the atmosphere conducive to a fair and impartial hearing may be maintained. Based upon the evidence presented, the committee will then make such recommendation to the President as it deems appropriate. If the President affirms the dismissal, then termination becomes final as of the fifth working day of the receipt of the request for a hearing. Attendance and Absence Employee attendance is of vital concern to the University. An employee is expected to report to work on time daily and to remain on the job throughout his/her regular work hours. Excessive tardiness or unscheduled absences can result in disciplinary action. If an employee has to be absent from work or has an urgent reason for leaving, he/she should seek prior approval from his/her supervisor or administrative head. As close to the regular starting time as possible, an employee must call his/her supervisor or department head if he/she is going to be absent without prior approval. An employee is expected to explain the reason for his/her absence and indicate the date he/she expects to return to work. Employees with poor attendance records may be asked to provide a doctor's certificate to justify an absence due to illness or injury. Any employee who does not report to work for three (3) consecutive days and does not provide proper notification to Delta State University is considered to have resigned voluntarily. An employee is expected to report to work on time daily and to remain on the job throughout your regular work hours. If you have to be absent from work or have an urgent reason for leaving, you must have prior permission from your supervisor or administrative head. Performance Evaluations/Appraisals – Non-Faculty Appraisals / Evaluations can be a positive means of assisting staff members to develop professionally and improve job performance. An evaluation system is one method DSU administrators use to make objectives known so the employee can achieve the goals and performance standards of the department and the University. The DSU evaluation system consists of a planning phase and an appraisal phase which are designed to ensure understanding of responsibilities and standards expected of the employee, assist the employee and supervisor in identifying new goals and objectives, encourage continuous communication between the employee and supervisor, and serve as a basis for professional development opportunities. The results of the evaluation process will be used to assist management in the decision-making process of the following: • determining staff merit pay increases. • identifying staff for promotion. • justifying disciplinary actions. • identifying and informing staff of deficiencies, training needs and improvement needed. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 28 Timing for the Performance Evaluations The performance evaluation process will be conducted • two weeks prior to the completion of the 6 month probationary period for new employees. • Annually in March and/or April. • As deemed appropriate by the supervisor for below-standard job performance or superior performance. Performance evaluations are scheduled to insure that every regular employee (appointed one-half time or more for at least four and one-half months) is evaluated annually prior to reappointment for the succeeding year. The supervisor will be responsible for conducting the performance evaluation in a constructive manner that will assist employees in attaining the department’s goals and objectives. The supervisor is also responsible for ensuring that continuous communication occurs between the supervisor and the employee so the employee is aware of the supervisor’s expectations. Non-Faculty Grievances Delta State University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only on a “need to know” basis. All reasonable steps will be taken to assure that the complainant and the alleged offender are protected by the highest degree of confidentiality possible. Both parties are advised, however, that once an inquiry or an investigation has begun, anonymity may be impossible. Persons who believe they have been grieved should report the incident(s) immediately to appropriate administrative personnel as set forth below. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior. Informal Grievance Informal means are encouraged as the beginning point, but the choice of where to begin normally rests with the employee. Problems or questions concerning an individual’s employment should be taken up freely with the supervisor. If a problem becomes so great that it can not be worked out by the supervisor, the grievance can be resolved through discussion and mediation facilitated by the Director of Human Resources and/or the Dean or University Vice President under whose division the complaint falls. An informal grievance does not involve, at any stage, a "finding" of guilt, nor does it mandate disciplinary action. The focus of the investigation in the informal process is to stop inappropriate behavior, investigate, and facilitate resolutions, if possible. If a grievance is pursued through this informal procedure, the employee must initiate the request. The request should be brought as soon as possible after the most recent incident. The role of the Director of Human Resources and the Dean or Vice President under whose division the complaint falls will be to investigate the complaint, act as a neutral third party (mediator) and facilitate resolution. If the informal procedure does not resolve the grievance, the employee may initiate a formal grievance procedure. However, if the mediator(s) believe that the matter is sufficiently grave because it seems to be part of a persistent pattern, because of the nature Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 29 of the alleged offense, or because the employee seeks to have punishment imposed, then the mediator(s) can initiate either a formal procedure or take other appropriate action. If a grievance is resolved informally, no record of the complaint will be entered into employment files. However, the mediator(s) will, in the form of a confidential file memorandum, record the fact of the grievance and the resolution achieved. A copy of the memorandum will be forwarded to the Human Resources Department where it will be retained in confidential files for a period of three years. Process: A. The mediator(s) will hold a discussion with the employee to determine the nature of the grievance and provide the employee with an explanation of all provisions of the policy. B. The mediator(s) will the meet with the respondent, assist him or her in interpreting the grievance, and request information regarding their position. The mediator(s) will facilitate communication between the parties of their respective positions. If desirable and agreeable to both parties, the mediator(s) may bring together the employee and respondent and/or others who may be able to contribute to the resolution of the grievance. C. If a resolution satisfactory to both employee and respondent is reached, DSU may consider the grievance concluded. DSU may, however, deem further investigation necessary in order to address any disciplinary issues. If a grievance is resolved informally, no record of the complaint will be entered into employment files. However, the mediator(s) will, in the form of a confidential file memorandum, record the fact of the grievance and the resolution achieved. A copy of the memorandum will be forwarded to the Human Resources Department where it will be retained in confidential files for a period of three years. Formal Complaint Any individual who believes that he or she has been grieved may bring a formal grievance. Grievance procedures do not apply to suspensions, dismissal, or other termination of employment. The following steps identify appropriate reporting channels that employees should follow regarding grievances. Process: Step 1. • The employee discusses the problem directly with the supervisor. (Time Limit: Decision within five (5) working days after occurrence.) • Supervisor discusses grievance fully with employee and renders decision and reasons for decision.* (Time Limit: Decision within five (5) working days of meeting.) Step 2. • If the supervisor’s reply is not acceptable to the employee, they may request a meeting with the department Director and/or appropriate Vice President. (Time Limit: Within ten (10) working days after occurrence. ) • Supervisor establishes meeting with department Director and/or appropriate Vice President. Director and/or Vice President hears grievance, renders decision and reasons for decision.* (Time Limit: Decision within five (5) working days of second meeting. ) Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 30 Step 3. • If the Director and/or Vice President’s decision is not acceptable to the employee, they may present problem to the Director of Human Resources in writing on a grievance report form. The Director of Human Resources will place it before a Personnel Advisory Committee for review. Personnel Advisory Committee shall consist of employees selected by the President from throughout the University. A different committee shall be appointed for each grievance. (Time Limit: Within ten (10) working days of second meeting.) • The Director of Human Resources establishes the meeting of the Personnel Advisory Committee. The Advisory Committee will review the grievance thoroughly and make recommendations to the President for a fair settlement of the grievance.* (Time Limit: The meeting will scheduled as soon as feasible. Decision within five (5) working days after final meeting of Personnel Advisory Committee.) The President will make the final decision upon review and information from the Personnel Advisory Committee. The President's decision with reasons shall be confirmed to the employee in writing by the Director of Human Resources within 10 – 15 working days. * Employee may be accompanied by a co-worker from the same division. RESIGNATIONS Employees who intend to resign are expected to discuss the matter with the supervisor as far in advance as possible of the date they intend leaving. All contractual employees are expected to give thirty days notice in writing to resign in good standing. All hourly wage employees should give at least two weeks notice in writing to resign in good standing. A copy of the notice should be mailed to the Director of Human Resources. This does not apply to those employees in the introductory evaluation period. The supervisor must initiate papers for terminating employment of those leaving the department. Forms are available in the Human Resources Office. TERMINATIONS The University recognizes that dismissal for any reason is a serious matter. Human Resources will review the case to verify that there is just cause for termination of employment and that the employee has been afforded due process. All decisions regarding dismissal are made at the Vice Presidential level, after consultation with the immediate supervisor Human Resources. In cases of termination of any employee because of lack of funds or reorganization, the employee is to be notified in writing at least thirty days in advance if circumstances and advance knowledge permit. EXIT INTERVIEW All personnel leaving the employment of Delta State University are encouraged to have an exit interview with Human Resources on their last working day. The interview will protect the employee's benefits; provide an accurate forwarding address for references, retirement refund, and tax purposes. University property maintained by separating employees, such as keys, uniforms, handbooks, and identification cards, must be returned to the appropriate office. Verification must be obtained that all items have been returned and all accounts have been cleared from the various offices listed on the Termination Clearance Form. Forms are available in the Human Resources Office. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 31 GENERAL INFORMATION Weapons on Campus The Board of Trustees of Institutions of Higher Learning prohibits the possession of pistols, firearms or other weapons in any form by any person other than duly authorized law enforcement officials on its institutions' premises or at any of its institutions or student functions off campus, regardless of whether such person possesses a valid permit to carry such pistols, firearms, or weapons. Drug – Free Environment Delta State University is committed to maintaining a drug-free environment in conformity with state and federal laws as set forth in the Uniform Controlled Substance Law of the State of Mississippi and the Drug-Free Workplace Act of 1988. As a result of these laws and of the policy of this institution that the campus of Delta State University be a drug-free environment, employees are specifically prohibited from the possession, use, manufacture, distribution, sale or in any other way involved with a controlled substance both on and off campus, except as permitted in the relevant legislation. The term "employee" shall specifically include full-time and part-time. Each employee must abide by the requirements of this policy as a condition of employment at this university. Delta State University will make available to all present and new employees a copy of this policy. Employees are encouraged to seek assistance voluntarily on a confidential basis by contacting the person's immediate supervisor or the University Counseling Center. Assistance with substance abuse problems is available through several centers for alcohol and drug education in the Delta area. Supervisors must confidentially refer for counseling any person under their supervision who appears to be having difficulty with substance abuse. Delta State University has established a Drug-Free Awareness Program that is administered jointly through the University Counseling Center and Human Resources Office. This program includes supervisory training programs, confidential referrals to rehabilitation programs approved for such purposes by a federal, state, or local health agency. Any staff member who has been convicted of a criminal drug statute violation occurring in the workplace must notify the supervisor no later than five (5) days after the conviction. Sanctions Depending upon the facts related to any drug conviction or use, the employee may be: suspended pending further investigation; required to participate in a drug abuse assistance program; issued a written warning; or terminated. For terminations, the applicable termination procedure will apply, based upon the status of the employee. Any action will be initiated within thirty (30) days after the facts become known by the University. If faculty or staff members fail to notify their immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days after such conviction, they will be suspended pending investigation with termination possible. For purposes of this policy "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 32 of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. Upon notification of such conviction, the University is required by law to notify the applicable funding agency (or agencies) within ten (10) days if the employee is working in a position funded by federal monies. If an employee is suspected of violating any criminal drug statute in the workplace, the DSU Police Department will be called to begin investigation of the case. Tobacco – Free Environment In consideration of the general health, safety and comfort of all Delta State University students, faculty, staff and visitors, the use or sale of tobacco products are prohibited in all owned, operated, leased, occupied, and controlled entitles of Delta State University including; buildings, grounds, parking areas, walkways, athletic fields, tennis courts, golf course, and any other recreational or public areas. This policy also applies to all offices, classrooms, residential housing, hallways, dining facilities, and restrooms at Delta State University. When any person enters the grounds of the University, the use of any smoking material or tobacco product shall cease. The offending tobacco product shall be disposed of in an appropriate receptacle. Improper disposal of cigarette or cigar butts, or collateral litter of tobacco-product use, shall also be considered a violation of this policy. RESPONSIBILITIES All of the members of the Delta State University community share responsibility for complying with this policy. Specific enforcement of this policy is primarily the authority of the Delta State University Police who are authorized to cite violators of this policy. Auxiliary enforcement of this policy is delegated to all University Chairs, Building Managers, Directors, Deans, and Supervisors. Auxiliary enforcement is an affirmative obligation to ensure that this policy is followed in all University academic and administrative units. Auxiliary enforcement includes making individuals aware of this University Policy as well as reporting violators to campus police. • • Violations of this policy should be addressed in a tactful, non-confrontational and compassionate manner. Violations should be reported to any University Chair, Director, Dean, Building Manager, Supervisor, or to the Campus Police. PENALTIES Students Violators will be penalized according to the Student Code of Conduct. Students should take great care in addressing their peers who do not comply with this policy. Violators should be reminded of this policy in a tactful and compassionate manner. • • Multiple infractions may result in stiffer corrective actions under the Student Code of Conduct, including fines and/or community service. Further violations should be reported to campus police. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 33 Faculty & Staff Violators of this policy should be advised in a tactful, non-confrontational and compassionate manner. • • Continued infractions by faculty and staff may result in corrective action under the Human Resources Policies and Procedures or other University regulations. Further violations should be reported to campus police. Visitors Visitors who violate this policy should be advised in a tactful, non-confrontational and compassionate manner. • • Visitors refusing to comply with this policy may be asked to leave campus. Further violations should be reported to campus police. Alcohol and Drug Abuse The unlawful possession, use or distribution of illicit drugs and alcohol by its students and employees on university premises is strictly prohibited and in violation of University policy. It shall be the personal responsibility of each student, faculty and staff employee to adhere to this policy as stated. Failure to do so will result in sanctions as stipulated under this policy. Legal Sanctions As specified in Section, 37-105-9, 41-29-139, 41-29-142, and 97-29-47 of the Mississippi Code Annotated legal sanctions are applied to the following actions: possession of alcohol on University property; public drunk on University property; utilization of false ID to obtain alcohol; driving under the influence of alcohol; possession of illicit drugs; sale of illicit drugs; sale of illicit drugs near schools; possession of paraphernalia; and sale of paraphernalia. Sanctions range from fines of $25 to $1 million and jail sentences of 30 days in the county jail to 30 years in the state penitentiary. Sanctions Sanctions may be imposed upon employees and/or students who violate the University's alcohol and drug abuse policy as follows: Employees Suspension pending further investigation (with pay); satisfactory participation in a drug or alcohol abuse assistance or rehabilitation program; issuance of a formal warning; or termination. For termination, the applicable termination procedure from the Faculty and Staff Handbook will apply, based upon the status of the employee. Students Probation for a minimum of six months up to the remainder of their tenure, and/or a fine of up to $100 and/or work of 10 hours up to 50 hours, and/or specified number of hours of counseling in the Counseling Center; and/or suspension for a specified period of time or with sentence suspended, expulsion from the University or one of its residential units, or any combination of the above listed sanctions or other forms of creative sanctions which might be imposed. Further disciplinary procedures can be found in the Delta State University Student Handbook, a copy of which can be obtained in the Office of the Vice President for Student Affairs. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 34 Health Risks Delta State University recognizes that illicit drug use and alcohol abuse are both wrong and harmful. Medical research reveals that such behavior is a causative factor in heart, liver, and gastrointestinal diseases as well as in various cancers and brain damage. The abuse of alcohol and other drugs is not only destructive to the physical health, but it also erodes the self-discipline and motivation necessary for learning. Pervasive drug use and alcohol abuse create an environment that is destructive to learning and working. Closely tied to being truant and dropping out of school, they are associated with crime and misconduct that disrupt the maintenance of an orderly and safe university atmosphere conducive to learning and working. Counseling Programs The University makes available to all its students and employees the services of the Counseling Center (O.W. Reily Health Center, 846-4690). In addition to offering direct services to students and employees experiencing problems with alcohol or substance abuse, the Counseling Center provides referral services to several centers for alcohol and drug treatment and rehabilitation in the area. In addition, substance abuse programs are offered in the residence hall by the Counseling Center, the Student Task Force Against Alcohol and Drug Abuse, the Delta Community Mental Health Center, DSU Police Department, and the City Police Department. Arrest and/or Conviction of Staff If a staff employee is convicted of a misdemeanor or felony while employed at Delta State, he or she must inform a supervisor of the arrest or conviction no later than seven calendar days after the incident. Failure to inform a supervisor within this period may result in disciplinary action. If an employee is convicted of a criminal offense while employed by DSU, he or she may be terminated. Termination will depend upon the nature of the offense and on the employee’s workplace duties. All actions taken under this policy must be made in consultation with the department employing the convicted staff member, the reporting Vice President, and with the Director of Human Resources. Appropriate use of Computing and Network Resources All users have the responsibility to use the University computing systems in an effective, efficient, ethical, and lawful manner. Use of Delta State University's communication resources and computer network is not a matter of right, nor is it provided as a public forum, but rather all use of Delta State University's computer resources and network must be consistent with the mission of the University in support of public education, research, and public service. GUIDELINES Security: • • • Computer accounts, passwords, and other types of authorization are assigned to individual users and should not be shared with others. The individual is responsible for all activities associated with their unique username/ password. The user must comply with the University’s password policies, quota policies, usage policies, and all University policies. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 35 Academic Freedom: Free expression of ideas is central to the academic process. However, the University may remove any electronic information from its systems if it is determined that: • • • • • The presence of the information involves illegality (e.g., copyrighted material, software used in violation of a license agreement). The information in some way endangers computing, network resources, or the information of other users (e.g., a computer worm, virus, or other destructive program). The information is inappropriate, because it is inconsistent with the mission of the University, or is otherwise not in compliance with the legal and ethical usage governed by Federal or State law or regulation, or with the University or Institutions of Higher Learning policies. The cost of maintaining the information is deemed prohibitive by the responsible administrative unit. The user is no longer authorized for access. Privacy: It is the policy of the University not to routinely monitor individual use of computing and network resources. However, users should be aware that their use of these resources may not be private. Communications made by means of university computing and network resources are also generally subject to the Mississippi Public Records Act to the same extent as they would be if made on paper. The normal operation and maintenance of the university's computing and network infrastructure require the backup of data and communications, the logging of activity, the monitoring of general usage patterns and other such activities that are necessary for the provision of service. The University may monitor the activity and accounts of individual users, including individual login sessions, personal computers, and the content of individual files and communications when: • • • • The user has voluntarily made them accessible to the public, as by posting to social networking site or posting to a web page or UseNet group; It reasonably appears necessary to do so to protect the integrity, security, or functionality of computing and network resources or to protect the university from liability; There is reasonable cause to believe that the user has violated or is in violation of university policy; Or it is otherwise required or permitted by law. Any monitoring of individual users, other than that allowed by the user or that is necessary to respond to perceived emergency situations, must be authorized in advance by the appropriate Vice President and the Chief Information Officer. The University, in its discretion, may disclose the results of any such general or individual monitoring, including the contents and records of individual files and communications, to appropriate university personnel or law enforcement agencies and may use those results in appropriate university disciplinary proceedings. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 36 Inappropriate Usage: Computing and networking resources should be used only in accord with the guidelines defined in this policy and procedure, all University policies, and state and federal laws. Examples of inappropriate and unacceptable use of computing and networking resources include, but are not limited to: • • • • • • • • • • • • • • • • • Harassment of other users Violation of local, state and federal laws, regulations, or policies. Destruction of or damage to equipment, software, or data belonging to Delta State University or other users. Disruption or unauthorized monitoring of electronic communications. Violations of computer system security measures. Unauthorized use or attempted use of computer accounts, access codes, passwords, ip addresses, or other network identification words or numbers assigned to others. Violation of another user's privacy. Academic dishonesty (e.g., plagiarism or cheating). Commercial advertising or political campaigning. Downloading or displaying obscene or pornographic materials/images. Use of computer and/or network facilities in ways that impede the computing activities of others or the University systems, including randomly initiating interactive electronic communications or e-mail exchanges, overuse of interactive network utilities, overuse of network accessible Internet sites (including gaming, social networking sites, streaming media sites and file download sites) bulletin boards or conferences, and the "off topic" posting of materials to bulletin boards or conferences. Use of computing facilities for commercial or business purposes of the user. Use of residential network access to conduct business for any purpose is strictly prohibited. Violators will be subject to loss of network services to their residence while a student or resident at Delta State University. Violations of trademarks, patents, or copyrights and violation of software license agreements. (Refer to policies of the university.) Violation of the usage policies and regulations of the network that Delta State University is a member of or has authority to use. Users may not intentionally or negligently disrupt or damage University computers or networks in any way. Users of University technology resources may not send electronic messages with the sender's identity forged or send anonymous messages. Personal use: Incidental personal use of computing and network resources is permitted, subject to the restrictions outlined in this policy. Personal communications and files transmitted over or stored on University systems and assets are not treated differently from business communications; therefore, there can be no guarantee that personal communications or activities will remain private or confidential. Sanctions Violation of the policies described herein for use of computing and network resources are dealt with seriously. Violators may and are subject to the disciplinary procedures of the University, up Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 37 to and including termination. In addition, violators may lose computing privileges. Illegal acts involving Delta State University computing and networking facilities may also be subject to prosecution by state and federal officials. Applicable Mississippi Laws that apply to this policy Mississippi Code of 1972 - http://www.mscode.com/free/statutes/97/045/0011.htm • • • • • • • • • • Hacking: http://www.mscode.com/free/statutes/97/045/0003.htm) Prevention of use: http://www.mscode.com/free/statutes/97/045/0005.htm Password cracking/use: http://www.mscode.com/free/statutes/97/045/0005.htm Destruction of Equipment: http://www.mscode.com/free/statutes/97/045/0007.htm Damaging Information: http://www.mscode.com/free/statutes/97/045/0009.htm Intentional Deceit:http://www.mscode.com/free/statutes/97/019/0085.htm Sexually oriented materials: http://www.mscode.com/free/statutes/97/005/0029.htm Indecent language in a public space (including web spaces) http://www.mscode.com/free/statutes/97/029/0047.htm Obscene Materials: http://www.mscode.com/free/statutes/97/029/0101.htm Location of Violation: http://www.mscode.com/free/statutes/97/045/0011.htm Abuse of Computers and Network Systems All members of the Delta State University community must use electronic communications in a responsible manner. The University may restrict the use of its computers and network systems for electronic communications, in response to complaints presenting evidence of violations of other university policies or codes, or state or federal laws. Specifically, the university reserves the right to limit access to its networks through university-owned or other computers, and to remove or limit access to material posted on university-owned computers. The university reserves the right to limit access to its networks through university-owned or other computers, and to remove or limit access to material posted on university-owned computers. The use of computers or network systems in no way exempts any member of the University community from the normal requirements of ethical or legal behavior in the Delta State community. In particular, data, software, and computer capacity have value and must be treated accordingly. Use of a computer and network system that is shared by many users imposes certain additional obligations. Legitimate use of a computer or network system does not extend to whatever an individual is capable of doing with it. Although some rules are built into the system itself, these restrictions cannot limit completely what an individual can do or can see. In any event, each member of the community is responsible for his/her actions whether or not rules are built in, and whether or not they can be circumvented. Members of the University community are expected to follow certain principles of behavior in making use of computers and network systems, in particular, to respect, and to observe policies and procedures governing: • the privacy of or other restrictions placed upon data or information stored in or transmitted across computers and network systems, even when that data or information is not securely protected; • an owner's interest in proprietary software or other assets pertaining to computers or network systems, even when such software or assets are not securely protected; Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 38 • the finite capacity of computers or network systems by limiting use of computers and network systems so as not to interfere unreasonably with the activity of other users. Members of the University community also are expected to follow all other policies, rules, or procedures established to manage computers or network systems, including those established to control access to, or the use of, computer data, files, or other information. Nuisance Email and Messages Nuisance email or other online messages such as chain letters, obscene, harassing, or other unwelcome messages are prohibited. Those individuals connected with the distribution of such messages will be subject to the violation policies set forth in this policy. Violation may include immediate suspension of computer account and network access pending investigation of circumstances and may lead to eventual revocation of privileges. Serious violations will be referred directly to the appropriate University or outside authorities; unauthorized use of University computing facilities can be a criminal offense. The penalties may be as severe as suspension or dismissal from the University and/or criminal prosecution. Bandwidth Bandwidth usage among students has increasingly become a nation-wide concern for everyone in American colleges and universities. On the one hand, faculty and administrative units must have ample bandwidth with which to pursue the mission of the institution. On the other hand, students, for whom Internet services have become both the means of education and entertainment, have good reasons also to be on line, especially when the university is their home. Delta State University has proved no exception to the national trend. In order to accommodate the administration and faculty as well as dormitory users, DSU systems engineers reserve the right to make decisions to reduce dormitory bandwidth to a maximum percentage of university network capacity when such need arises. This restriction will be done with the knowledge and consent of the President's Cabinet and under the supervision of the Executive Assistant to the President and Chief Information Officer. The policy on “Abuse of Computers and Network Systems” explicitly states that the university, recognizing “the finite capacity of computers or network system,” may do so “by limiting use of computers and network systems so as not to interfere unreasonably with the activity of other users.” Please note, using bandwidth for legal purposes is not a violation of university policy, but university policy does require that the Office of Information Technology allocate that bandwidth usage appropriately and fairly. All network devices (hubs, routers, switches, wireless access points) shall be managed by the Office of Information Technology (OIT) as property of Delta State University (DSU). The OIT will propose a wireless network plan to be followed by the campus community. Devices that are installed, other than those installed by OIT, may be subjected to being shut down. The OIT must maintain the integrity of the network in order to manage the quality of the service. Therefore “rogue” hubs, wireless APs, and switches will not be permitted. Violations • Violators of this policy will be dealt with according to the details outlined in the University’s Responsible Use of Electronic Communications policy. • Those who cannot accept these standards of behavior will be denied use of Delta State computers or network systems. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 39 • Violators may also be subject to penalties under University regulations and under state and federal laws. Telephones University departmental telephones are provided for University business only. It is the responsibility of each department to ensure that personal calls are kept to a minimum, and do not interfere with University business. Collect calls should never be accepted on University telephones. Fax and telephone transmissions that involve long distance service charged to the University are restricted to University business. University long distance service is tax exempt, and personal use will jeopardize this tax exempt status. Any use of the telephone for personal business should be for short conversations to convey or receive needed information. Supervisors are required to observe the frequency of such calls and to caution employees who use the phone excessively for personal calls. Departments must ensure that personal long distance calls are charged to a personal authorization code. Faculty and staff who wish to purchase personal long distance service through Delta State can obtain authorization codes from the Office of Information Technology. Appropriate use should always be legal, ethical, reflect University standards and show restraint in the use of resources. Prompt, courteous answers to telephone calls should be a self-imposed rule. It is good practice to identify yourself and your department when answering or making a call. Emergencies Tornado or Severe Weather A tornado preparedness plan to help assure the safety of Delta State students and faculty members when there is a threat of tornadoes or severe weather in the area has been mapped out by college officials. A tornado or severe thunderstorm warning is issued when a tornado or severe thunderstorm has been sighted and is approaching our area. Upon receipt of a watch (conditions are such that tornadoes are likely) notification, the DSU Police Department will maintain contact with Emergency Management until the danger has passed or a warning notification is received. Staff, faculty, and visitors will be directed to the safest locations within their respective building in accordance with pre-arranged plans. A siren warning will be sounded by the City of Cleveland EOC, Emergency Operations Center. In addition, DSU Police cars will be driving through the residence hall and apartment areas and any other area crowds may be gathered or students are on the streets blowing the sirens. Fire Escape Fire escape procedures are posted in all building. Individuals should make themselves aware of the closest exit routine. If the fire alarm sounds, all individuals MUST immediately exit campus building and move to a pre-arranged location. Individuals should remain with their group in order to determine if all members of the group have move to a safe location. Everyone should remain outside until an authorized individual gives permission to return to the building. Earthquake When you feel an earthquake, duck under a desk or sturdy table. Stay away from windows, bookcases, file cabinets, heavy mirrors, hanging plants and other heavy objects that could fall. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 40 Watch out for falling plaster or ceiling tiles. Stay under cover until the shaking stops. Hold onto the desk or table. If it moves, move with it. Here are some additional tips for specific locations: • If in a multiple-floor building, move against an interior wall, and protect your head with your arms. Do not use the elevators. Do not be surprised if the fire alarm or sprinkler systems come on. • If outdoors, move to a clear area, away from trees, signs, buildings, or downed electrical wires and poles. • If on a sidewalk near buildings, duck into a doorway to protect yourself from falling bricks, glass, plaster and other debris. • If driving, pull over to the side of the road and stop. Avoid overpasses, power lines, and other hazards. Stay inside the vehicle until the shaking is over. After an earthquake, be prepared for aftershocks, and plan where you will take cover when they occur. Delta State University police and other staff will immediately assist you after the tremor. Traffic and Parking Motor Vehicle Registration Employees who park their motor vehicles on the campus must register their vehicles with the Delta State Police Department. Registration decals must be purchased at the Student Business Services’ Office. The University will not be responsible for providing parking spaces for registered vehicles, nor can the University be held responsible for any damages to vehicles or occupants while vehicles are on campus. Decals must be permanently affixed to the outside of the lower left corner of the rear window or left rear bumper or the fender of motorcycles. Delta State reserves the right to regulate further the use of motor vehicles on the campus or to forbid the use of motor vehicles by a student or employee who refuses to abide by the parking and traffic regulations. Parking Regulations Motor vehicles are to be parked on the campus and streets of Delta State University only in the areas designated as parking areas, in such a manner, at such a place, and for such time as may be indicated on appropriate signs or markers. Zoned areas are provided by number and color of decals. It is a violation of parking regulations to: • Park in the wrong zone. • Park in any area where curbing is painted yellow. • Park in a manner so as to block a drive or walkway, or impede the flow of pedestrian traffic. • Park out of marked lanes. • Park on the grass. • Park in a space marked “Reserved”, “Visitor”, “For Handicapped”, or “Bailey Child Care”. These spaces are not to be used for dropping off or picking up passengers during any type of weather. • Park in the mail drive. Drivers of all DSU-owned vehicles should comply with all traffic and parking regulations. No faculty, staff, or student can advise a person to park illegally. The owner of a vehicle is responsible for the vehicle at all times. Driving regulations are in effect at all times. The campus speed limit is fifteen (15) miles per hour for all motor vehicles unless otherwise marked. However, safe driving is the principal regulation. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 41 All operators of any motor vehicle must have in their possession a valid operator’s license. All operators of any motor vehicle must have a valid, up to date license plate (tag) on vehicle in plain view. Service Awards Delta State University recognizes all employees who complete twenty years of continuous service and every five years thereafter at an annual service awards program. Employees are recognized each April in conjunction with the retirement recognition ceremony. These awards are given each year to those who completed the required years of service by September 1 of the current year. H.L. Nowell Outstanding Support Staff Award The H. L. Nowell Outstanding Support Staff Award is given annually at the University's May commencement in honor of a support staff member who has completed ten consecutive years of service as a full-time support staff person. Nominations are received from students, faculty, staff, alumni and friends of DSU, on an annual basis during the month of March. The nominations are sent to the Vice President for Student Affairs, permanent Chair of the Award Committee and voted on by a committee consisting of staff employees from within the University. DSU Foundation Awards for Staff Excellence in Service The DSU Foundation Awards for Staff Excellence in Service recognizes individual staff members who have made outstanding contributions to the university, their colleagues, or the university’s relations with communities in the region. The purpose of the awards is to encourage and recognize achievement by establishing an environment of success and commitment to excellence. There are three annual awards in each of the three areas of service for a total of nine awards each year. The awards are $3,000 each and will be added to the winner’s taxable income during the month in which the award is received. There are no restrictions on the use of the funds by the staff members. The funds come from an unrestricted gift provided to the university through the generosity of the Delta State University Foundation, thus the name of the awards. By January 15 each year the Vice President of Finance and Administration will solicit nominations for the awards. Any full-time staff member whose employment and job responsibilities are solely with Delta State University may be nominated for the award. Academic Deans or individuals serving on the President’s Cabinet are not eligible for the awards. Information supporting the nomination must be based on accomplishments during the previous five years while employed at Delta State University. Nominations may be made by employees, students, alumni, community members, or the individual. Nominations must be submitted on forms available in the Office of Finance and Administration. Nominations must be submitted to the Vice President of Finance and Administration no later than February 15. For the purpose of these awards, university employees are grouped in the following manner using the university’s Equal Employment Opportunity categories: Category A: Executive, Administrative and Managerial Other Professionals (Support/Service) Category B: Technical and Paraprofessional Clerical and Secretarial Category C: Skilled Crafts Service/Maintenance Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 42 No award winner is eligible to receive another award in the same area for at least five years. Additionally, no individual may win in more than one area during the same year; although he/she can be nominated in multiple areas. The Selection Committee will be appointed by the Vice President of Finance and Administration subject to the approval of the Administrative Staff Council Executive Committee and the President’s Cabinet. This committee will review each nomination based on the criteria stated. Upon review of the nominations, one individual from each category may be awarded a prize in each of the three areas, i.e. there will be nine total awards available. The Selection Committee may ask nominees to submit additional supporting materials by March 1. The Selection Committee will be chaired by the Vice President of Finance and Administration as a non-voting member and will include four staff representatives (one from each vice presidential area plus one from either Athletics or Alumni-Foundation), one Foundation Board representative, one student representative, one alumnus, one staff emeritus, and one person from the community. Staff at large Selection Committee members shall serve only two terms. Nominations for each award will be evaluated in terms of achievement according to the following established criteria: 1. Service to the University Award 2. Service to University Colleagues Award 2. Service to the University’s Relationship with Communities in the Region Award Child Development Center Children of faculty and staff of Delta State University may attend the Child Development Center under the direction of the Division of Family and Consumer Sciences. The center is designed to provide care and educational experiences to preschool children ages six weeks to five years. Special provision is made for enrollment of children of students, faculty, and staff of the University. Inquiries should be directed to the Chair of the Division of Family and Consumer Sciences or the Director of Preschool Programs. The center operates in the fall, summer and spring semesters. Center closings are announced ahead of time. Workers’ Compensation All Delta State University employees are covered by the Workers' Compensation provisions for the State of Mississippi. The expense of this coverage is paid for by the University without cost to the employee. Workers' compensation includes only such accidents or injuries as occur on the job in the performance of the University assigned duties. Every injury must be reported immediately to (1) the supervisor, (2) the Student Health Services Center, and (3) the Human Resources Office. If Student Health is closed, then the injury is to be reported to Human Resources by the employee or the employee’s supervisor. The appropriate form for reporting injury must be filed by the Human Resources Office with the workers' compensation carrier within five working days of the date of the injury. Failure to report verbally to the supervisor and to complete the report form within the specified time frame will jeopardize your receiving on the job injury benefits. Fraudulent claims are grounds for immediate termination. Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 43 Unemployment Compensation The University provides unemployment compensation at no cost to you. Voluntary termination or discharge for cause are not normally covered by unemployment compensation. Specific qualification requirements for benefits may be obtained from the local State Employment Office. Political Activities Participation by employees in various community and public affairs is expected; however, it is expected that time given such activities will not interfere with the regular duties of the employee. Political activities by an employee will not be prohibited as such times as the employee would not be ordinarily required to render services to the institution or if the employee elects to take and the institution grants a leave of absence without pay. Outside Employment Institutional members of the faculty and staff are permitted to engage in outside employment, provided permission is first obtained and determined that the said outside employment will interfere in no way with the institutional duties of the individual requesting such permission. Staff members desiring to engage in outside employment or practice of profession should complete an application available in the Human Resources Department and submit to their department chair/supervisor and forward through administrative channels to their Dean or Vice President/Provost. In addition, these individuals will not engage in a business or profession that would in any manner compete with a similar business or profession over which they would have direct supervision, inspection, or purchasing authority within the university or agency, such being a conflict of interest. Intellectual Property Intellectual property is information and original expression that derives its intrinsic value from creative ideas and has commercial value. Ownership is subject to international, federal, and state laws and to this University policy. This policy applies to faculty, staff, and students. For the complete policy, please click on the link below. http://www.deltastate.edu/pages/2473.asp?manid=%7BB38958A0-E978-4B41-BEEF7A37AAC23D8C%7D&id=%7B4849A8CA-9C6F-4228-8364-F923FBD1828B%7D Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 44 ACKNOWLEDGEMENT OF RECEIPT: DELTA STATE UNIVERSITY STAFF HANDBOOK My signature indicates that I have reviewed and had the opportunity to discuss with a supervisor any questions that I have had regarding the content of this handbook. I understand that I have an obligation to inform my supervisor, Human Resources, and Payroll of any changes in my personal information – including, but not limited to, my phone number and address. I also accept responsibility for contacting my supervisor, Human Resources, or Payroll if I have additional questions or concerns or need further explanation about these or subsequent policies, procedures, and/or guidelines. I understand that the language used in this document does not create an employment contract between me, the employee, and Delta State University. I understand that this document does not create any contractual rights or entitlements. Delta State University reserves the right to revise the content of this document, in whole or in part. This handbook may be amended or added to in different ways in accordance to established administrative procedures. Polices or procedures referenced in this handbook may have changed since the printing of the handbook. I recognize that the original, signed “Acknowledgement of Receipt” document has been placed in my personnel file and a copy of this document has been given to me. I also understand that a copy of this handbook and additional details about Delta State Human Resources policies and procedures are available online at www.deltastate.edu/policies. . POLICY/DOCUMENT INITIALS DATE ________________________ ____________ Staff Member’s Signature Date ________________________ Supervisor’s Signature ____________ Date Please refer to the Delta State University Policy and Procedure Manual locate at www.deltastate.edu/policies for the latest official policy statement. If there is a discrepancy between the staff handbook and the University Policy website, the website is the most current and official policy. 4/2013 45